Policy Statement

Orchard Trust believes that any interaction with the charity should be a positive experience, and aims to ensure that this is the case for all existing donors and any potential new donors.  

Our commitment

Orchard Trust will abide by the requirements set out in the Fundraising Code of Practice both in general and in relation to guidance on fundraising activities where an individual may be in vulnerable circumstances which may mean they are less able to make an informed decision, or where they lack capacity to make a decision to donate.  

Orchard Trust is compassionate towards its donors and will never exploit vulnerability. Orchard Trust will always do everything it can to ensure that donors are able to make an informed decision about any support they may choose to give to us. 

In particular, Orchard Trust will abide by the section of the Fundraising Code of Practice which states:  

Fundraisers must take into account the needs of any possible donor who may be in vulnerable circumstances or need extra care and support to make an informed decision. 

Fundraisers must not exploit the trust, lack of knowledge, apparent need for care and support or vulnerable circumstances of any donor at any time. 

Our policy

When planning fundraising activity or taking a donation Orchard Trust will consider:  

• Any physical or mental health condition the person may have 
• Any disability the person may have 
• Any learning difficulties the person may have 
• Whether the person is facing times of stress or anxiety (for example, following the death of a loved one, or redundancy) 
• Whether a donation is likely to affect the person’s ability to sufficiently care for themselves or leave them in financial hardship 
• How well the person can communicate and understand what they are being told 
• Whether the person is under the influence of alcohol or drugs 
• The person’s age 

Orchard Trust has an obligation to protect vulnerable people and those in vulnerable circumstances. If it is suspected that someone we engage with is lacking in capacity or is in vulnerable circumstances they will be noted as a ‘vulnerable donor’ and we will take steps to terminate the contact in a way which seeks to protect that person and their dignity and note any desire they have expressed to support Orchard Trust.

If a fundraiser suspects that a person they are talking to may be vulnerable they will end the conversation politely, without making a request for a donation or asking about the individual’s capacity to make a decision or the existence of vulnerable circumstances.

Orchard Trust acknowledges that it may sometimes be difficult to decide if someone is in vulnerable circumstances or lacking capacity. Orchard Trust will always err on the side of caution, balanced against the belief that everyone has the right to donate if they wish to and are able to do so. In cases where a fundraiser is unsure, they must seek guidance from their manager before accepting any donation.  

In addition:

• Orchard Trust will not contact donors with the aim of asking for an increase in their giving where the donor’s records indicate a declaration of vulnerability 
• Regardless of whether or not a declaration of vulnerability has been made, a donation will not be accepted where there is reason to believe the donor may be experiencing vulnerable circumstances and that accepting the donation would be ethically wrong and/or harmful to the donor 
• Should a situation arise, following receipt of a donation, that was made during a time of vulnerability; this will be returned in line with the Trust’s Ethical Gift Acceptance and Refusal Policy
• If information is received from a third party regarding a donor’s vulnerability, we will not act on any request to alter the donor’s preferences unless the third party has evidence that they have the authority to act on the donor’s behalf 
• Orchard Trust will require any third party agency acting on its behalf to comply with this policy
• Should a donor declare that they are self-excluded from gambling approaches through the Gambling Commission, Orchard Trust will endeavour to suppress their address from further such approaches  

Indicators of vulnerability 

Orchard Trust always seeks to ensure that a person is equipped with the appropriate information in order to make an informed decision about giving. The following guidelines help fundraisers to determine if someone may be lacking in capacity or are in vulnerable circumstances.   

• We do not discriminate against a person due to their age 
• We recognise that sometimes it may be necessary to adapt the way we communicate with a donor (such as using braille or a translation service). The need to adapt communications does not necessarily mean that the donor is vulnerable 
• We recognise that each interaction between a donor or potential donor and the charity is different, and that it may be difficult to determine vulnerability. However, all fundraisers are required to put the needs of the individual first and assess whether they are able to make an informed decision to donate 
• If a fundraiser suspects that a donor or potential donor is at risk of abuse, neglect, or financial exploitation, this must immediately be escalated to a senior member of staff

Orchard Trust expects all fundraisers and other third parties to seek clarification of understanding of any agreement to support or donate if there is any indication that the donor may be vulnerable. This will usually be by asking them to repeat the details of any agreed gift or support of time. 

Fundraisers or other third parties must also consider the following: 

• Whether the donor is able to understand the discussion they have been having 
• Whether they are able to make an informed decision based on the conversation 
• Whether they know all the facts necessary to make a decision
• Whether they are able to communicate their decision regarding a donation 

A person who states they are vulnerable or where there are indicators of vulnerability will be treated respectfully and will always be given the opportunity to disengage from their conversation about Orchard Trust.

Decision-making and records

A decision to refuse a donation or to return a donation requires careful consideration and the decision may be taken by the board of Trustees.

If Orchard Trust, after accepting a donation, receives evidence that the person lacked the capacity to make the decision to donate, then the donation will be returned in line with Ethical Gift Acceptance and Refusal Policy and may be deemed invalid.

All records will be kept in line with the Data Protection Act 2018 and the Trust’s privacy policy. 

Complaints Procedure

Orchard Trust takes all concerns regarding the treatment of vulnerable donors seriously and responds to all inquiries in an open, timely, and respectful manner:

• Any complaint alleging that a donor was treated inappropriately, subjected to undue pressure, or engaged while lacking capacity will be investigated promptly by a senior manager in line with our Complaints Policy.
• All complaints related to fundraising and vulnerable donors are logged on a database and reported regularly to the Board of Trustees to monitor trends and inform continuous improvement.
• If a complainant is dissatisfied with the outcome of our internal investigation, they will be signposted to external regulatory bodies.

Related Policies

Ethical Gift Acceptance and Refusal

Complaints

Data Protection

Privacy policy

Safeguarding

Review

This policy will be reviewed periodically by the Board of Trustees and updated where necessary to reflect changes in charity law, regulation and good fundraising practice.

Training Statement

All staff, during induction are made aware of the organisation’s policies and procedures, all of which are used for training updates. All policies and procedures are reviewed and amended where necessary and staff are made aware of any changes. Observations are undertaken to check skills and competencies. Various methods of training are used including one to one, on-line, workbook, group meetings, individual supervisions and external courses are sourced as required. 

 

Signed:    Nick Budd  Board of Trustees

Issue Date: 18th September 2026 Reviewed: